Philippine Bar review · Question

Practice question: Double Insurance and Overinsurance

Multiple Choice Hard

Practice question

In an applicable overinsurance-by-double-insurance case, the insured receives more than the valuation under valued policies. The insured says the excess is a personal windfall unrelated to contribution. What does Section 96(d) require?
  1. The excess always becomes a tax refund.
  2. The excess must be held in trust for insurers according to their contribution rights.
  3. The insured must automatically become their director.
  4. The valuation doubles after payment.
  5. Every insurer loses all rights by paying anything.

Legal references

  • Insurance Code as amended by RA10607, Sections26–48 and95–100: https://lawphil.net/statutes/repacts/ra2013/ra_10607_2013.html
  • Malayan Insurance v. Philippines First Insurance, GR184300, July11 2012, main decision: https://lawphil.net/judjuris/juri2012/jul2012/gr_184300_2012.html

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